N.Y. Penal Law Section 178.05
Criminal diversion of prescription medications and prescriptions

  • limitation

1.

The provisions of this article shall not apply to:

(a)

a duly licensed physician or other person authorized to issue a prescription acting in good faith in the lawful course of his or her profession; or

(b)

a duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy; or

(c)

a person acting in good faith seeking treatment for a medical condition or assisting another person to obtain treatment for a medical condition.

2.

No provision of this article relating to the sale of a prescription medication or device shall be deemed to authorize any act prohibited by article thirty-three of the public health law or article two hundred twenty of this chapter.

Source: Section 178.05 — Criminal diversion of prescription medications and prescriptions; limitation, https://www.­nysenate.­gov/legislation/laws/PEN/178.­05 (updated Sep. 22, 2014; accessed Nov. 15, 2025).

Green check means up to date. Up to date

Verified:
Nov. 15, 2025

Last modified:
Sep. 22, 2014

§ 178.05. Crim. diversion of prescription medications & prescriptions's source at nysenate​.gov

Link Style